Capital Bank Repossessing Our Car - Need Help Please

[GaryHatesPaypal]

Hi there

 

Due to me being made redundant in November, we have struggled (I.E not paid ) to pay for our car.

 

We pay £163.80p a month and have missed November, December and Jan, making the total £491.40p

 

I can pay this on Tuesday as i have money owed to me. However, Capital Bank say the car is due to be repossessed on Monday and they have slapped on further charges making the total owed amount £700.

 

If i ring them on Monday and explain that i can pay what we owe but will not pay the charges, will i sop this repossession?

 

Thankyou so much.

[GaryHatesPaypal]

Forgot to say,

 

We got the car last September on the dreaded 5 year finance...

[vernoncrwp]

Hi mate, just a quick thought can you pay by cheque, as it'll take a couple of days to clear and if they could have the cheque by monday it may appear as though you've made a payment and could argue with them that it's going through. Just a thought, all the best, vern

[GaryHatesPaypal]

Well, im not really fussed about the car threats because i can visa debit it on tuesday.

 

Just worried about these charges....

[GaryHatesPaypal]

Any help would be nice please!

 

Thanks in advance

[Markiemark1]

Have you had a Notice of Default? Where is the car parked?

[GaryHatesPaypal]

No, nothing in writing.

 

Its parked on our drive - we dont have a garage

[Markiemark1]

They have to have served a Notice of Default under S87 of the Consumer Credit Act (presuming the amount borrowed was less than £25000!). Without this they can do nothing. Also, they cannot repossess off of private property, i.e. your driveway. They could only do so without your consent if the vehicle was parked on the public highway. Might still be worth hiding it for a couple of days tho.

[Bona]

That wont stop them we had ours repossessed from our drive I suggest you find a friend with a drive some miles away leave it there pay the back amount then questions the charges if the repossess you will have to pay charges before they give it back

[Markiemark1]

Bona - why arn't you after the finance company for your money back in that case?

 

RM

[Bona]

Long time ago water under the bridge other fish to fry with better results

[GaryHatesPaypal]

Good evening people, going to share a quick story with you guys. I'll keep it short and sweet as its a common thing to rant on.

 

OK,

 

Car debt - me

Phone calls, hassle, demands - YES!

Money....... Ha! Nope.

 

I took out a credit agreement totalling £11,212. I currently owe £7472 (i have JUST covered the 1/3 of £3737.33 by about £2!)

 

Im getting the demand letters and calls for the 7thousand alot and telling them its impossible to pay that all and that i want to set up a monthly payment, but they wont let me.

 

I fear my car might get taken away, which is a shame as i love paying road tax! :Op

 

My normal monthly payment was £163 which, granted, i am a few months behind. Is there any action i can take to make them accept my regular payments?

 

I await your great minds

 

Cheerio

[Guest Old_andrew2018]

Bump

[the_freedom_trail]

Essentially, you cannot make them accept your offer of payment; however, if you have no money then they would be fools not to. There would be little point in suing you as they would merely end up losing more money. A judge is not going to make you pay what you haven't got.

 

I believe there is a letter on the site for offering token payments to creditors. I will have a look and post the link up for you.

 

All the best,

 

TFT

[GaryHatesPaypal]

Thankyou guys!

 

So as i've paid over 1/3, they will have trouble getting the car right?

 

Like i said to them im more than willing to keep paying the £163 but adding on the 4 months arrears to the end of the credit.

 

Debt = exhaustion

[Markiemark1]

The creditor does not have to accept payments, token or otherwise, as you are in breach of the Agreement. I assume they have correctly served a Notice of Default.

 

However, what it appears you are proposing is to start making payment of the contractual amount, and pay the outstanding four months arrears over the four months following the end of the contractual period???

 

If this is the case, and the lender really will not hear of it then you are at liberty to make an application for a Time Order at the County Court. The Judge will then hear your proposals and will consider whether it would be appropriate to allow this.

 

As you have paid 1/3 of the total amount, they can't repo the car without a court order - and you could wait for them to issue proceedings and then seek a suspension of the order based on you making payment and perhaps clearing the arrears within the term of the agreement. However, if you are proactive in dealing with this the Courts often will consider this more favourably.

 

HTH

 

Mark

[GaryHatesPaypal]

UPDATE

 

We had a guy come around who reduced the arrears from £1500 to £1100, he was a nice guy, suited up not like some of the **** walking doing his job. I told him that amount is impossible at the moment.

 

I have paid over 1/3 so he said we have 2 choices.

 

1, hand the car over.

2, if not, he will proceed with "pre-lit" and apply for a court order.

 

Need your help guys, i have tried to clear this arrears but they wont have any of it. Will allowing this to go to court be a long and drawn out process with them 100% more than likely getting the car anyway?

 

Thanks you wise old owls

[WelshMam2009]

The danger in handing the car over is that they inevitably sell it for far less than the market value and it invariably does not cover the debt.

 

Hence, you end up still owing them money and also car-less!!

 

I would personally take my chances in court but it has to be your decision.

[GaryHatesPaypal]

Excellent

 

TBH, i wouldnt hand it over.

 

Surely a court would look at our situation and know we can pay it, but just not the stupid monthly amounts they are after.

[WelshMam2009]

Excellent

 

TBH, i wouldnt hand it over.

 

Surely a court would look at our situation and know we can pay it, but just not the stupid monthly amounts they are after.

 

I don't think your offer is unreasonable at all given today's economic climate.

 

You will need proof of your offer though.

 

If I were you, I would be inclined to reiterate your your offer in writing and send by recorded delivery. Also, there are template letters on this site which you can use to stop the home visits and harrassing telephone calls. I would add those to your letter also.

[GaryHatesPaypal]

Your a great help

 

Thankyou

[GaryHatesPaypal]

Ok, so i have had this long standing issues with RBOS over my car finance this past year. When the recession hit i was one of the first to loose my job as i worked in the housing trade so making payments has been a struggle.

 

I do have a job now but it barely keeps us up to date with payments and priorities like the house, gas,elec, food all came first.

 

When i have been in touch i made it clear that i wanted to keep the car and that because i had paid over 1/3 i was willing to work out an arrangment but they were just having none of it.

 

So i have waited until the claim form came which today it has and im a bit stuck.

 

As i have said, i want to keep the car and there is a section saying i can make repayments.

 

Now the original monthly payment was £163 and the outstanding amount (with £150 court fee, £100 solicitors and a criminal £805 in letters) is £8329.08

 

What would you guys think the court would accept as a suitable monthly payment?

 

Thanks alot!

[Nagasis]

Can you post up the POC's

 

Was this HP agreement or loan agreement?

Can you scan and post up a copy of the agreement using photobucket

 

What is the date of service for the claim?

 

Were you sent a default notice?

and Termination Notice?

[GaryHatesPaypal]

Ok, so i have had this long standing issues with RBOS over my car finance this past year. When the recession hit i was one of the first to loose my job as i worked in the housing trade so making payments has been a struggle.

 

I do have a job now but it barely keeps us up to date with payments and priorities like the house, gas,elec, food all came first.

 

Previously, when i have been in touch i made it clear that i wanted to keep the car and that because i had paid over 1/3 i was willing to work out an arrangment but they were just having none of it.

 

So i have a court date tomorrow and am wondering how the outcome of this will be.

 

I want to keep the car and have suggested an amount of £100, i have filled out my earnings etc

 

Now the original monthly payment was £163 and the outstanding amount (with £150 court fee, £100 solicitors and a criminal £805 in calls &letters) is £8329.08

 

On WhatCar it is valued at 5k

 

Do you think the judge would be happy with that or should i just surrender the car? £100 a month to clear £8329 would mean 7 extra years of finance!

 

What happens if the judge rules in their favour? How long do i have to give it back etc?

 

Thanks alot!

[GaryHatesPaypal]

Ok, so i have had this long standing issues with RBOS over my car finance this past year. When the recession hit i was one of the first to loose my job as i worked in the housing trade so making payments has been a struggle.

 

I do have a job now but it barely keeps us up to date with payments and priorities like the house, gas,elec, food all came first.

 

Previously, when i have been in touch i made it clear that i wanted to keep the car and that because i had paid over 1/3 i was willing to work out an arrangment but they were just having none of it.

 

So i have a court date tomorrow and am wondering how the outcome of this will be.

 

I want to keep the car and have suggested an amount of £100, i have filled out my earnings etc

 

Now the original monthly payment was £163 and the outstanding amount (with £150 court fee, £100 solicitors and a criminal £805 in calls &letters) is £8329.08

 

On WhatCar it is valued at 5k

 

Do you think the judge would be happy with that or should i just surrender the car? £100 a month to clear £8329 would mean 7 extra years of finance!

 

What happens if the judge rules in their favour? How long do i have to give it back etc?

 

Thanks alot!